Copyright & associated rights transactions and management

Copyright recognises the skill and labour and the ‘creative stamp’ expended by an author in creating a work. Copyright is, put simply, a right to copy a work (the owner may also restrict acts other than copying). The law is set out mainly in the Copyright, Designs and Patents Act 1988 (CDPA 1988), which took effect from 1 August 1989. Transitional provisions apply to pre-existing works.

In practice, one work tends to give rise to multiple copyrights. When considering copyright works, rights distinct from copyright, eg design rights, should also be considered as they may also apply to creative works. For an introduction to the law of copyright, see Practice Note: Introduction to copyright and associated rights.

Tracking developments in copyright law and practice

Copyright law has the sizeable task of responding to changes brought about by businesses and consumers operating in a digital age. As well as more organic legal developments, new technologies, the internet and post-IP completion day considerations provide an inexhaustible supply of challenges for those who do business in the UK and the rest of the world. To keep up with

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The construction of jurisdiction clauses in the context of the Contracts (Rights of Third Parties) Act 1999 and the mechanisms of service(Campeau v Gottex Real Asset Fund 1 (OE) Waste S.À.R.L)

Dispute Resolution analysis: This case considers a jurisdictional clause in the context of service under CPR 6.33(2B)(b), which allows service out of the jurisdiction where the defendant is party to a jurisdiction clause. There is no corresponding requirement for the claimant to be a party to that jurisdiction clause. The starting point is that jurisdiction clauses are not generally intended to concern disputes with third parties. However, that is no more than a starting point and one which can be departed from in appropriate cases. This was one such appropriate case whereby the circumstances and construction of the clause led to the finding that it did include the third party claimant’s (Mr Campeau) claim. While not strictly necessary given the judge’s findings in relation to the construction of the clause, Mr Justice Butcher considered that, where a jurisdictional clause was wide enough to encompass disputes from third parties, then it will likely also amount to a ‘relevant term’ for the purposes of section 1(4) of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). That meant that the third party, in seeking to enforce their rights under the SPA, was statutorily obliged to do so in England and so could rely upon CPR 6.33 (2B) (b) in that respect also. Written by Georgia Whiting, legal counsel (contentious construction) at Capita.

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